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An accusation of indecent assault or indecent exposure in Montgomery County is one of the most damaging charges a person can face. Beyond the immediate threat of jail time and steep fines, these charges carry a devastating social stigma. A conviction—or even just a public arrest—can destroy your career, ruin your reputation, and potentially subject you to Pennsylvania’s strict Megan’s Law sex offender registration requirements.
At SKA Law Group, we understand that these charges often stem from misunderstandings, false accusations, or momentary lapses in judgment. Our experienced criminal defense attorneys know how the Montgomery County District Attorney’s Office prosecutes sex offenses. We fight aggressively to protect your rights, challenge the evidence, and prevent a single allegation from defining the rest of your life.
Understanding Indecent Assault in Pennsylvania
Under Pennsylvania law (18 Pa.C.S. § 3126), Indecent Assault is defined as having “indecent contact” with another person for the purpose of arousing sexual desire, without that person’s consent. “Indecent contact” generally means the touching of sexual or other intimate parts.
The grading and penalties for Indecent Assault depend heavily on the specific circumstances of the alleged offense:
Misdemeanor of the Second Degree (M2): The standard charge for non-consensual indecent contact. Punishable by up to 2 years in prison and a $5,000 fine.
Misdemeanor of the First Degree (M1): The charge is elevated if the contact involved forcible compulsion, threat of force, an unconscious victim, or if the victim suffered from a mental disability rendering them incapable of consent. Punishable by up to 5 years in prison and a $10,000 fine.
Felony of the Third Degree (F3): The charge becomes a felony if the victim is under 13 years old, if it is a second or subsequent offense, or if there was a “course of conduct” of indecent assault. Punishable by up to 7 years in prison and a $15,000 fine.
Understanding Indecent Exposure in Pennsylvania
Indecent Exposure (18 Pa.C.S. § 3127) is a separate but related offense. It occurs when a person exposes their genitals in any public place, or in any place where other people are present, under circumstances in which they know or should know that the conduct is likely to offend, affront, or alarm.
Misdemeanor of the Second Degree (M2): The standard charge for Indecent Exposure. Punishable by up to 2 years in prison.
Misdemeanor of the First Degree (M1): The charge is elevated to an M1 if the person knows or should have known that any of the persons present are under 16 years of age. Punishable by up to 5 years in prison.
While Indecent Exposure might seem less severe than assault, Montgomery County prosecutors take these cases very seriously, often viewing them as precursor crimes to more serious sex offenses.
Megan’s Law and SORNA Registration
One of the most severe consequences of a sex offense conviction in Pennsylvania is mandatory registration under the Sex Offender Registration and Notification Act (SORNA), commonly known as Megan’s Law.
Depending on the specific grading of the Indecent Assault charge and the age of the victim, a conviction may require you to register as a sex offender for 15 years, 25 years, or even for life. This registration restricts where you can live and work, and makes your personal information publicly accessible on the internet. Indecent Exposure convictions generally do not require Megan’s Law registration, but the social and professional fallout can be just as damaging.
Defense Strategies for Indecent Assault and Exposure
An accusation is not a conviction. At SKA Law Group, we employ aggressive, fact-based defense strategies to fight these charges:
Lack of Intent: For Indecent Exposure, we may argue that the exposure was accidental (e.g., urinating in a secluded area) and not done with the intent to offend or arouse. For Indecent Assault, we may argue the contact was inadvertent, such as bumping into someone in a crowded bar.
Consent: In Indecent Assault cases, if the contact was consensual, it is not a crime. We investigate the relationship and communication between the parties to establish consent.
Mistaken Identity or False Accusations: We aggressively challenge the credibility of the accuser, especially in cases involving bitter divorces, custody disputes, or situations where the accuser has a motive to lie.
Insufficient Evidence: We scrutinize the prosecution’s case, looking for lack of corroborating witnesses, contradictory statements, or lack of physical evidence.
Contact a Montgomery County Sex Crimes Defense Lawyer
If you have been charged with Indecent Assault or Indecent Exposure in Montgomery County, do not speak to the police without an attorney present. Contact SKA Law Group immediately. We will evaluate your case, explain your options, and build a robust defense to protect your future.
